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AF | BCMR | CY2006 | BC-2006-01229
Original file (BC-2006-01229.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01229
            INDEX CODE:  111.05

      XXXXXXX    COUNSEL:  NOT INDICATED

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  22 OCT 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR)  closing  out  on  8  August  2005  be
declared void and removed from his records.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The report is not a fair assessment of his performance for this  period  and
coercion was a factor when this EPR was accomplished.  He believes the  lack
of counseling and feedback caused an  inaccurate  EPR.   Discrimination  and
unfair treatment played a major role in the working environment.   His  duty
title to include key duties,  tasks,  and  responsibilities  were  incorrect
since he was not in the position that  was  commensurate  with  his  primary
duties.  Prior to out-processing from the base he  should  have  received  a
change in reporting official (CRO) EPR.

In support of his request, the applicant provided a personal  statement,  AF
IMT Form 77, Letter of Evaluation  (LOE),  Rebuttal  to  LOE,  Hostile  Work
Environment  Memorandum,  Hostile  Work  Environment  and  Unfair  Treatment
Memorandum, a copy of Referral of Enlisted Performance Report, AF Form  911,
Senior Enlisted Performance Report, Referral EPR Response, two AF  IMT  Form
932,  Performance  Feedback  Worksheets  and  a  Duty  History   Information
printout.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  airman
basic on 1 October 1990 for  a  term  of  4  years.   He  was  progressively
promoted to the grade of  master  sergeant  and  currently  serves  in  that
grade.  The first  time  the  report  would  have  been  considered  in  the
promotion process was cycle 06E8.

His EPR profile reflects the following:

      PERIOD ENDING    EVALUATION OF POTENTIAL

          20 Jul 92          5
          19 Jan 93          5
          19 Jan 94          5
          19 Jan 95          5
          19 Jan 96          5
          23 Oct 96          5
          30 Jul 97          5
          30 Jul 98          5
          30 Jul 99          5
          30 Mar 01          5
          30 Mar 02          5
          30 Mar 03          5
          30 Mar 04          5
          31 Oct 04          5
          *8 Aug 05          3

* Contested report

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPP recommends denial.  According to  DPPP  the  applicant  failed  to
provide clear evidence proving that his superiors violated  the  evaluator’s
rating rights.  He didn’t provide any statements identifying the person  who
did the coercing, the  specific  threats,  and  or  any  witnesses  who  can
corroborate the incident.  The evaluator  does  not  have  to  consider  the
bullets that the ratee provides to write a performance report.   It  is  the
rater’s responsibility to document performance as she/he deems  appropriate;
not the member.

The governing directives state that  lack  of  counseling  or  feedback,  by
itself, is not sufficient enough  to  challenge  the  accuracy  of  an  EPR.
However, in this case, the  member  received  feedback  in  May  2005.   The
supervisor was well in his right to accomplish a Directed by  Commander  EPR
due to unsatisfactory or  marginal  behavior.   Current  policy  allows  the
current evaluator to consider an optional LOE with referral comments  to  be
mentioned into the performance report.  The rater was well in his  right  to
use the referral comments on the optional LOE and document this  information
on the EPR for permanent recording.

He did not provide any type of supporting documents to support his claim  of
discrimination within the unit.  No statements  were  provided  from  anyone
who had first hand knowledge nor did he provide a summary  of  investigation
substantiating his claim of discrimination or unfair treatment.

In regards to his claim that his duty title and key duties  and  information
were incorrect, the Military Personnel Data  System  (MILPDS)  reflects  his
duty title as “Chief Airfield Management Operations, and his EPR  shows  the
same duty title.  The rater is required to use this duty title since  MILPDS
was updated to reflect the contested duty title.

In regards to the applicant’s claim that he should have had an EPR prior  to
leaving the base, MILPDS reflects the supervisor was TDY from  16  September
2005 though 3 February 2006, for 141 days and  the  applicant  was  not  TDY
with the rater.  The supervisor could not  have  written  a  report  on  him
prior to his permanent  change  of  station,  since  he  did  not  have  any
supervision to complete the report.  Current  regulation  states  that  TDYs
more than 30 days will be deducted from the number of days supervision.   In
this case, the supervisor  didn’t  have  enough  supervision  to  produce  a
report due to current policy.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB defers to the recommendation of DPPP.  DPPPWB  states  the  fact
that the EPR was a referral rendered the applicant ineligible for  promotion
consideration in accordance with AFI 36-2502, Table 1.1, Rule 22.

The complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he provided a constructed cause in effect document  for
consideration to breakdown much of  what  took  place  leading  up  to,  and
during, the  period  in  question.   He  believes  he  has  provided  enough
documentation to warrant removal of the report.

The applicant’s complete response, with attachments, is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of error or injustice.  The applicant contends the  contested  EPR
is unjust and should be removed  from  his  records.   After  reviewing  the
documentation provided by the applicant and  the  evidence  of  record,  the
Board finds no persuasive evidence showing  that  the  applicant  was  rated
unfairly, that the report is in error, or that the  evaluators  were  biased
and prejudiced against the applicant.  In our opinion, the  evaluators  were
responsible for assessing the applicant’s performance during the  period  in
question and are presumed to have rendered their evaluations based on  their
observation of the applicant’s performance.  Therefore, in  the  absence  of
evidence the contested report is error or  unjust,  we  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice;  that  the  application  was  denied
without a personal  appearance;  and  that  the  application  will  only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01229 in Executive Session on 2 August 2006 under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Renee M. Collier, Member
                 Mr. John E. B. Smith, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Apr 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPP, dated 18 May 06.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 19 May 06.
   Exhibit E.  Letter, SAF/MRBR, dated 16 Jun 06.
   Exhibit F.  Letter, Applicant, dated 14 Jul 06.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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